CSA Claim Calculator

A frequent point of dispute between separating parents is whether child maintenance can be claimed retrospectively. Under Regulation 12 of the Child Support (Maintenance Calculation) Regulations 2012, the statutory "effective date" is strictly defined as the date on which the CMS contacts the paying parent regarding the application, or provides written notice.

If a parent leaves the family home in January but the application to the CMS is only lodged in October, no statutory arrears can be claimed for the intervening 10 months. The family courts will generally not backdate periodic maintenance for minors beyond the date of the formal application unless an existing court order was breached.

In standard cases, the parent making an application to open a CMS case must pay a non-refundable statutory fee of £20. However, full legal fee exemptions apply in the following situations:

• Domestic Abuse: Anyone who has experienced domestic abuse or violence from the other parent is exempt. No formal police conviction is required; self-declaration on the application form suffices.
• Age Under 19: Any applicant aged under 19 residing in England, Scotland, or Wales.
• Northern Ireland Residents: CMS Northern Ireland operates under distinct fee waiver structures.

Once a claim is determined, parents are given the choice of Direct Pay or Collect & Pay. Direct Pay is entirely free for both parents: the CMS calculates the weekly amount and issues a payment schedule, but payments pass directly between bank accounts.

If the paying parent refuses to pay or misses scheduled installments, the receiving parent can demand transfer to Collect & Pay. Under Collect & Pay, the CMS charges the paying parent an extra 20% fee on top of every payment, and deducts a 4% collection fee from the receiving parent's child maintenance.